Tenat refuses to pay rent? (sublease, subletting, apartments)

[someonegreat1212]

Hi guys, I'm pretty sure most of you won't be lawyers and be able to offer me legal advice but to be honest, I don't know anything about the laws so here goes:

I have a tenant who refuses to pay rent for a room I rented to her in my apartment. NOTE: I am not actually the landlord, but the real landlord knows and approves of my renting. She has paid rent for the first 9 months, started paying rent late, and then none at all. So I want to evict her but I don't know what form to fill out in the court, and what it would result in. I would hope it would result in her paying the rent and leaving, but she claims that the court gives her 1 more month to leave without paying rent. Please help! Thank you guys!

P.S If we were both illegal immigrants, would that affect anything? Also, would illegally renting a room affect my case negatively?

[FredJung]

"Also, would illegally renting a room affect my case negatively"

Yes it would since you weren't suppose to be renting it out in the first place. You don't own the apartment so I don't think you can use the court to kick her out. And do you have a written signed agreement on the rent? If not, I don't see you getting the money that is owed to you.

[JERSEY MAN]

Hold on, I think Donald Trump has the answer.

[chassit]

This sounds so wrong on so many levels...

No idea where to make a start. Just find a lawyer...

[boater1]

Essentially you sub-let a room in your apartment.

Do you have a actual written and signed lease? giving all the details concerning rent?

If not, basically legally, you have a friend living with you sharing expenses, and you want them out, with a hand shake agreement.
You might not have any legal standing for eviction proceedings.

[kagamine]

Being a landlord myself, here's my 2 cents:

You're essentially subleasing your apartment w/ a oral-based leasing contract, which is by default a month-to-month lease unless specified with other written agreement.

So, serve your tenant a written 30 days Termination of Tenancy letter by person, with date of the notice and your signature on it.

In the letter make sure to state the ground of Tenancy Termination being her failure of making rent payment in the past months.

This letter will be your ground of eviction after 30 days in case of your tenant refuse to move out.

In the same time, having a lawyer sent her a Rent Demand Letter will also help to recover some lose if you don't want to sue her at small claim court yourself.


Disclaimer: In no way am I offering you legal advice.

[someonegreat1212]

Thank you so much! What if I leave my apartment and leave her all by herself in that room? That would put her in the hands of the actual landlord so that he can actually take this case to court if she still refuges to budge. Any other alternatives besides going to court?

[NYCresident2014]

Originally Posted by FredJung

"Also, would illegally renting a room affect my case negatively"

Yes it would since you weren't suppose to be renting it out in the first place. You don't own the apartment so I don't think you can use the court to kick her out. And do you have a written signed agreement on the rent? If not, I don't see you getting the money that is owed to you.

That's not how our legal system works, thankfully. It will be administratively difficult, but even handshake agreements are enforceable.

Also, whether or not you own the apartment has no bearing on the case. "Illegal" subletting (it's not actually illegal, just in violation of contract between tenant and landlord) also has no bearing in this case since the landlord was aware of the roommate situation.

Good luck to the OP. Hopefully you have some emails or old checks or some record of payment so that you can show that this person is leaching off of you.

[DPolo]

An illegal immigrant subletting a room illegally. Courts do not enforce illegal contracts, so depending of what you mean by illegally.

2 of my friends have subleased rooms in their apartments.
One was during college years another one was during the recession. During the recession was more problematic, it was for adults that are down on their luck, so often people in these situations who have become odd or turned to alcohol or drugs.

But it never came down to police or courts involvement.

I am thinking of becoming a landlord myself, but in NJ tenant laws are difficult as far as I know and so it's not the best state for this type of a business.

Although I would love to speak to a reputable property manager from NJ as well.

[brook2ga]

Originally Posted by someonegreat1212

Thank you so much! What if I leave my apartment and leave her all by herself in that room? That would put her in the hands of the actual landlord so that he can actually take this case to court if she still refuges to budge. Any other alternatives besides going to court?

If you break a lease, you are still responsible to pay the rent for the remaining term. If you don't have one, then 30 days notice should suffice. If you are subletting to her, then you can evict her. Does your lease allow you to sublet? Sounds more like a room mate to me.